Filtered workers' comp decisions

The Commission affirmed that the employee sustained a compensable work injury from a sexual assault that occurred on November 15, 2006, causing post-traumatic stress disorder and major depression, and modified the administrative law judge's award regarding the rate of compensation for permanent partial disability benefits. The employee was found 45% permanently partially disabled and entitled to workers' compensation benefits.

The Commission reversed the administrative law judge's decision and awarded compensation, finding that occupational disease injuries qualify as "subsequent compensable injuries" under Missouri law and that the Second Injury Fund is liable. The employee sustained a compensable right shoulder injury by occupational disease on January 1, 2009, with preexisting low back and left shoulder disabilities that constituted hindrances to reemployment.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jeffrey Farny's occupational disease involving repetitive hand tasks that caused injury to both wrists. The Second Injury Fund was found liable for permanent partial disability compensation of $18,929.99 for 46.78 weeks.

The Missouri LIRC modified the administrative law judge's award, affirming that the employee is permanently and totally disabled due to combined primary occupational disease injuries to the low back and shoulder areas plus preexisting conditions, with the Second Injury Fund liable for permanent total disability benefits. The Commission corrected clerical errors in the injury number designations but maintained the substantive analysis and liability determination regarding the Second Injury Fund's obligation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to prove he sustained a compensable primary injury. The employee's claim was rejected because he could not identify a specific traumatic event or unusual strain with objective symptoms, only a gradual worsening of his overall physical condition.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Stephen Smith, a deceased lab technician and phlebotomist who worked with blood and bodily fluids from 1969 to 2006. The claim was denied on the finding that the employee did not sustain an accident or occupational disease arising out of and in the course of his employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Jeffrey Geitz's claimed rectal injury allegedly resulting from lifting a trashcan. The Commission found no medical causal relationship between the lifting incident and the employee's prolapsed or thrombosed hemorrhoids, relying on the credible opinion of a board-certified colorectal surgeon.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Robert L. Treadway for a work-related injury sustained on May 8, 2008, while also approving the attorney's fee as fair and reasonable. The case involved analysis of Second Injury Fund liability in relation to the employee's preexisting disabilities.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for John Anderson III's occupational disease involving repetitive use injuries to both wrists sustained on December 1, 2008. The Second Injury Fund was found liable for 17.625 weeks of permanent partial disability benefits totaling $6,856.83.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lynda R. Edwards for a work injury that combined with her preexisting disability, resulting in greater overall disability. The Second Injury Fund was ordered to pay permanent partial disability benefits of $13,534.95 based on a synergistic effect calculation combining 25% preexisting disability with 40% work-related disability.

The Commission modified the ALJ's award regarding Second Injury Fund liability, rejecting the ALJ's exclusion of certain preexisting disabilities from the calculation. The Commission clarified that preexisting conditions need not individually meet statutory thresholds to be considered in Second Injury Fund liability calculations when combined with a work injury.

The Commission affirmed the administrative law judge's award of workers' compensation to Kelly Kirkpatrick for cubital tunnel syndrome, finding it qualifies as a compensable occupational disease injury. The Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri law was rejected as inconsistent with the complete statutory definition of injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Michelle Kitson's right wrist occupational disease injury. The Commission rejected the Second Injury Fund's argument that occupational diseases do not qualify as compensable injuries under Missouri law, finding that the statutory definition of 'injury' includes occupational diseases.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Gloria G. Stiers' bilateral overuse syndrome, a repetitive motion injury qualifying as a compensable occupational disease. The Commission rejected the Second Injury Fund's argument that repetitive motion injuries cannot trigger Second Injury Fund liability under Missouri law.

The LIRC affirmed the administrative law judge's award of workers' compensation benefits to Robert Groves, a ramp service agent who sustained a compensable occupational disease injury to his low back from heavy, repetitive lifting in awkward positions. The claimant was awarded permanent total disability benefits, past medical expenses of $21,576.03, and 266 1/7 weeks of temporary total disability compensation totaling $88,292.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that claimant Monika Chrismer's bursitis/tendonitis in her right upper extremity, caused by manipulating a bus door on December 1, 2009, was a compensable occupational disease. The award is temporary or partial, with proceedings kept open for further determination of future medical expenses and Second Injury Fund liability.

The Commission modified the administrative law judge's award by removing findings on compensability that exceeded the parties' stipulated issues, which only addressed which injury was the prevailing factor in the need for medical treatment and temporary total disability benefits. The Commission clarified this as a temporary award under § 287.510 RSMo and noted that issues regarding past medical expenses were expressly reserved for later determination.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the judge improperly excluded the employee's preexisting social phobia disorder from Second Injury Fund liability calculations. The Commission corrected the analysis of Second Injury Fund thresholds and determined that preexisting disabilities must be considered collectively rather than in isolation when determining fund liability.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the Second Injury Fund was liable for permanent partial disability benefits and rejecting the judge's improper analysis of threshold requirements for triggering Second Injury Fund liability. The Commission affirmed that the employee failed to prove permanent total disability but clarified that preexisting conditions need not individually meet statutory thresholds to be considered in Second Injury Fund liability analysis when they synergistically combine with the primary work injury.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the judge improperly excluded employee's preexisting diabetes, left shoulder, and right hand conditions when determining Second Injury Fund liability. The Commission rejected the judge's threshold analysis and clarified that preexisting disabilities must be considered collectively rather than in isolation when calculating Second Injury Fund compensation.

The Commission affirmed the ALJ's temporary award allowing workers' compensation for an employee who developed transverse myelitis following a flu vaccine administered at work. The Commission found that while the inoculation itself was not unexpected, the resulting adverse reaction constituted an accident arising out of and in the course of employment, and proper notice was given to the employer.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Norman L. Berra for occupational disease injuries to both wrists and left elbow sustained through repeated use of hand and power tools in his employment at Berra Construction, LLC. The employee was awarded permanent partial disability compensation totaling $21,234.40 plus temporary disability benefits and medical expenses.

The Commission affirmed the administrative law judge's award allowing compensation for an occupational pulmonary disease with a June 1, 2004 date of injury, finding workplace exposures were a substantial factor in the employee's condition. The employee was awarded 12.5% permanent partial disability, future medical care benefits of $4,559.83, and the Second Injury Fund was found liable for 24.03 weeks of permanent partial disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Leonard Fry's occupational asthma, contracted while painting bridges and exposed to toxic chemicals on November 9, 2009, was a compensable occupational disease. The award is temporary or partial, with benefits including temporary disability compensation of $22,646.84 and medical aid of $5,019.57, subject to further proceedings for final determination of permanent disability.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Howard Moreland for occupational disease caused by exposure to benzene and other chemicals on June 26, 2005. The employee was awarded weekly compensation of $397.45 for life, past medical expenses of $752,021.08, and a 15% penalty based on statutory violations.